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HomeMy WebLinkAbout5569I 0 0 N Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 OCT 1 0 V KrL;UKutK'S COVER SHEET Document Title(s) (or transactions con ine i tttherein): - U Y � ment(s) were tied tat : tL� ORD 5569 (CUP01-0001)west TNte et 1I l`a , r Y tt nes not beer &Mwwd.,as tO proPeroxectAtpn ,,, W93-701 Reference Number(s) of Documents assign6d"& Meased: ❑Additional reference #'s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) CITY OF AUBURN Grantee/Assignee/Beneficiary: (Last name first) GAME, CHAD & AMY (APPLICANT) WARD, YVONNE KINOSHITA (APPLICANT) Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) BEGINNING ON THE WEST LINE OF SECTION 19, TOWNSHIP 21, RANGE 5 EAST ® Additional legal is on page 11_ of document. Property Tax Parcel/Account Number 192105-9163 Assessor Tax # not ORDINANCE NO. 5 5 6 9 AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT FOR A PROFESSIONAL OFFICE ON PROPERTY ZONED R-3 (DUPLEX) LOCATED AT 128 — 14TH STREET SE, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. CUP01-0001 dated January 24, 2001 was submitted to the City of Auburn, Washington, by Chad and Amy Game (owners) and Yvonne Kinoshita Ward (applicant) for a Conditional Use Permit for professional office in the R-3, (Duplex), located at 128 — 14th Street SE, within the City of Auburn, Washington, hereinafter described below and as identified on Exhibit "A" attached hereto and incorporated in this Ordinance by this reference; and Cn C=1 WHEREAS, said request above referenced was referred to the Hearing m Examiner for study and public hearing thereon; and 0 WHEREAS, the Hearing Examiner, based upon staff review, held a r 0 n public hearing to consider said petition in the Council Chambers of the Auburn City Hall, on June 19, 2001 at the conclusion of which the Hearing Examiner recommended approval of the application. WHEREAS, the City Council, on July 2, 2001, considered said request and affirmed the Hearing Examiner's decision for the issuance of a Conditional Ordinance 5569 July 5, 2001 Page 1 Use Permit to allow a professional office on property located at 128 — 14th Street SE zoned R-3 (Duplex) within the City of Auburn, Washington, based upon the following Findings of Fact and Conclusions of Law and Decision, to - wit: FINDINGS OF FACT Chad and Amy Game (owners) and Yvonne Ward (applicant) have requested a conditional use permit that would allow for a home that they own at 128 - 14th Street SE to be converted to a professional office use. The property is zoned R-3, Duplex. The R-3 zone at Section 18.16.030(J) of the Zoning Code may allow for a professional office use if a conditional use permit is issued pursuant to Chapter 18.64 of the Zoning Code. The R-3 zone also allows as an outright permitted use a single family home or duplex. 2. On January 24, 2001, the initial application was received for the conditional use permit. On January 25, 2001, a fax memorandum from the Planning staff was sent to Yvonne Ward relating to her that the site plan submitted UZI with the application was not acceptable. The site plan only showed the existing location of the house and drive. No illustration of what would be needed for the office, e.g. a parking layout, was given. The memo specifically referenced at least 8 sections of the parking chapter that Ms. Ward needed to pay attention to when preparing the site plan. 0 O 3. On February 1, 2001, the City received a revised site plan prepared by the Keimig Associates. The site plan illustrated the front property line to be within the street right of way (14`h Street) and the house to be 31 feet from the back edge of the sidewalk. The actual location of the property line is approximate to the back edge of the sidewalk and that the location of the house (per a site visit by planning staff) is approximately 20 feet from the back edge of the sidewalk. The Keimig Associates was subsequently made aware of the discrepancies. Ordinance 5569 July 5, 2001 Page 2 4. On February 8, 2001, the City received another site plan prepared by the Keimig Associates. The site plan illustrated the house to be 28 feet from the sidewalk. Planning staff went back to the site and with a tape measure, measured the distance between the house and the sidewalk to be 22 feet. The Keimig Associates was again made aware of the discrepancy. 5. On February 12, 2001, the City received another site plan from the Keimig Associates illustrating the correct dimensions. 6. On February 22, 200,1 the public hearing was held by Hearing Examiner. The staff report to the Examiner recommended denial of the application due mainly that the parking, that the site plan illustrated, did not meet all of the City's requirements. 7. At the hearing, the possibility of using parking at an adjacent church was discussed. Staff indicated that a joint use parking agreement could be approved. The Hearing Examiner held the public hearing open to allow the applicant to contact the church and determine if a parking agreement could be a possibility. The public hearing dates in March and April were held open, but the applicant did not present an indication that a parking agreement was possible with the church. On April 27, 2001, a revised site plan was received together with a separate application for a variance that would allow a parking space to encroach six inches into a side yard setback. An eight page legal memorandum was also attached to the application. N 9. The site plan submitted on April 27, 2001 illustrates that the house is 1,040 square feet in size. The lot has approximately 100 feet of frontage on 14th Street and the lot is approximately 74 feet deep. The site plan also illustrates a 320 square foot accessory building to be constructed in the southwest corner of the lot. At the February 22, 2001 public hearing, the applicant indicated the accessory building will be used for storage of files. On June 12, 2001 another revised site plan was received that does not illustrate the new accessory building to be constructed. 10. The Zoning Code at Section 18.52.020(B)(1 2) requires one parking space for each 300 square feet of gross floor area for office uses. Gross floor Ordinance 5569 July 5, 2001 Page 3 area is defined by Section 18.52.010(F) and "includes all floor area within the exterior walls of a building including area in halls, storage, and partitions, but excluding furnace and similar utility space used solely to maintain the building for occupancy". The 1,040 square foot office will require 3 parking spaces. The accessory building is apparently part of the office use and the parking calculation shall include that structure as well. The "gross floor area" for the project is 1,360 square feet and requires 4.53 parking spaces. Pursuant to Section 18.52.110 fractional spaces above one-half (1/2) are rounded up. Therefore, 5 parking spaces are required. The accessory building has however been subsequently removed from the project and 3 parking spaces are to be provided. 11. The site plan illustrates that a new parking area is proposed on the west side of the home and that 3 parking spaces are to be provided. Accessible (handicapped) parking is not being provided. Section 18.52.090(D) of the Zoning Ordinance requires that parking lots comply with the accessible parking requirements of the Uniform Building Code. An April 2001 interpretation issued by the State of Washington, State Building Code Council determined that a change in occupancy from a single family home to an office is required to comply with the barrier free requirements to the maximum extent feasible. Auburn's City Attorney has determined that due o to the physical constraints of the site, that it would not be feasible to p provide an accessible parking space in addition to providing the Zoning Code required parking. An accessible ramp to the office and accessibility within the office will however be required in accordance with Washington Administrative Code (WAC) 51-40-1100. 12. The proposal abuts 14`h Street SE. 14`h Street does not meet City N standards in that the street is not paved to its full width and does not have curbs or street trees. The driveway entrance (curb cut) to the property also does not meet City standards in that it is too narrow. 13. Single family homes are to the north, east and south of the proposal. To the west is an adjacent parcel that is zoned C-3, Heavy Commercial, and is currently vacant. The subject parcel is one lot removed (283 feet) from "A" Street SE. Property that has frontage on "A" Street has been converting from residential uses to heavy commercial uses. The use of the subject lot Ordinance 5569 July 5, 2001 Page 4 as a professional office would be an appropriate transition from the commercial uses on "A" Street to the single family uses in the area. 14. The contents of the case file, #CUP01-0001, of this project are hereby incorporated by reference and made part of the record of this hearing. CONCLUSIONS OF LAW The undersigned has concluded that the conditional use permit be approved in that it is consistent with the following criteria necessary to grant the permit as outlined in Section 18.64.040 of the Zoning Ordinance. The use will have no more adverse effect on the health, safety or comfort of persons living or working in the area, and will be no more injurious, economically or otherwise, to property or improvements in the surrounding area, than would any use generally permitted in the district. The professional office use is relatively small and will largely maintain its external character of a single family home. The proposed office should not Q be an adverse impact upon the neighborhood. 2. The proposal is in accordance with the goals, policies and objectives of the m Comprehensive Plan. �a Policy LU -43 speaks to allowing professional offices in residential 0 neighborhoods if design features can be used to minimize impacts on surrounding uses. 3. The proposal complies with all requirements of the Zoning Ordinance. The proposal is capable of meeting all applicable requirements of the Zoning Code. A variance is being processed concurrently that would allow one of the parking spaces to encroach 6 inches into a side yard setback. 4. The proposal can be constructed and maintained so as to be harmonious and appropriate in design, character, and appearance with the existing or intended character of the general vicinity. Ordinance 5569 July 5, 2001 Page 5 A professional office at this location could be an acceptable transition use between the commercial zoning to the west and the single-family homes to the east. The professional office use will be compatible with the commercial uses to the west and the retention of the single family character will be consistent with the other single family homes in the area. 5. The proposal will not adversely affect the public infrastructure. There is no indication that the public infrastructure would be affected if the project meets all applicable development standards of the City. DECISION For each of the above reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this conditional use permit application is approval, subject to the following conditions: 1. This permit is only valid upon the approval of the variance (Application VAR01-0002) 2. The driveway approach (curb cut) to the parking lot shall be constructed in accordance with Section 4.08.2 of the Design and Construction Manual. m 3. A five foot width of Type II landscaping, pursuant to Section 18.50.040(B) of W, the Zoning Code, shall be provided around the perimeter of the property except for the driveway, the maneuvering area for the parking lot and the o area subject to the variance. The area subject to the variance shall only be 0� reduced the applicable 6 inches. 4. Prior to any work being done on the home to convert it to an office use, the applicant shall contact the Building Official to determine what requirements including construction standards and permits are needed. At a minimum, a permit will be required for the accessible ramp and accessibility into the office. Depending upon the value of the project, improvements may be required to 14'" Street pursuant to Section 12.64.020 of the City Code. Ordinance 5569 July 5, 2001 Page 6 5. The project shall be comply with site plan dated 5-31-2001 that was received by the Planning Department on 6-12-01 which does not include the accessory building on the southwest corner of the property. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS Section 1. Purpose. The above cited Hearing Examiner's Findings of Fact and Conclusions of Law and Decision, are herewith incorporated in this Ordinance. Section 2. A Conditional Use Permit is hereby approved to allow for a professional office on property zoned R-3 (Duplex) located at 128 — 14s` Street 0 SE and identified on Exhibit "A" attached hereto and incorporated in this 0 o Ordinance by this reference in the City of Auburn, County of King, State of m Washington. Section 3. Severability. The provisions of this ordinance are declared 0 0 `� to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Ordinance 5569 July 5, 2001 Page 7 Section 4. Recording. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Auditor. Section 5. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 6. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. n INTRODUCED: July 16, 2001 PASSED: July 16, 2001 APPROVED: July 16, 2001 . () -�j CHARLES A. BOOTH MAYOR Ordinance 5569 July 5, 2001 Page 8 ATTEST: *,mv Uv /� Danielle E. Daskam City Clerk APPROVED AS TO FORM: Michael J. Reynolds o City Attorney C= 0 PUBLISHED: 7-ap -p / r O Cm N Ordinance 5569 July 5, 2001 Page 9 LEGAL DESCRIPTION OF PROPERTY Order No. 2270078 Ordinance 5569 :xhibit "A" LEGAL DESCRIPTION: THE WEST 100 FEET OF THE EAST 125 FEET OF THE FOLLOWING DESCRIPTION: N o BEGINNING ON THE WEST LINE OF SECTION 19, TOWNSHIP 21 NORTH, o RANGE 5 EAST W.M.; �+ THENCE NORTH 01058'53" EAST 741.06 FEET FROM THE WEST 1/4 CORNER; THENCE NORTH 01°58'53" EAST ON THE SECTION LINE 74.85 FEET; m THENCE NORTH 89031'47" EAST 418.32 FEET; o THENCE SOUTH 00054'58" WEST 74.84 FEET; THENCE SOUTH 89033'10" WEST 422.42 FEET TO BEGINNING; N (ALSO KNOWN AS LOT 2 OF LOT LINE ADJUSTMENT NO. LLA -0001-95 RECORDED UNDER RECORDING NO. 9502281204); SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. Ordinance 5569 :xhibit "A"